1. If a testator fails to provide in his will for any of his children born or adopted
after the execution of his will, the omitted child receives a share in the estate
equal in value to that which he would have received if the testator had died intestate,
(1) It appears from the will that the omission was intentional;
(2) When the will was executed the testator had one or more children and devised substantially
all his estate to the other parent of the omitted child; or
(3) The testator provided for the child by transfer outside the will and the intent
that the transfer be in lieu of a testamentary provision is shown by statements of
the testator, the amount of the transfer or other evidence.
2. If at the time of execution of the will the testator fails to provide in his will
for a living child solely because he believes the child to be dead, the child receives
a share in the estate equal in value to that which he would have received if the testator
had died intestate.
3. An illegitimate child is not a child of a male testator, for the purposes of this
section, unless the testator, during his lifetime or in the will, recognized that
the child was his.
4. In satisfying a share provided in this section, the devises made by the will abate
as provided in section 473.620.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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